if it is in a will that my disabled brother gets the house when my mom dies, is there anyway other siblings?

Question

can get it sold..my mom wants it left to my disabled brother and has a will but some brothers and brother in laws said my (wonderful disabled) brother docent deserve this nice house and we suspect he will try to fight it..he is quite smart..also a brother in law wants it sold. How can we keep only the actual children (and not inlaws) in family meetings and is there anyway this bad brother can get the house sold. He will be the executor if my good brother dies. Is there anything beside the will we need to keep my moms wishes or anyway those not reinspecting mom's decision can circumvent the will--she is currently alive but may die anyday..her prognosis time to live is nearing the end,

TQ that is so freaky as my brother's name is John..

Answer 1

Talk to your mother and have her fill out the "Transfer On Death" portion of the title to the house and the deeds to the land it sits on. She may have to go to the county court house to do this, I'm not sure about that, but if she wants your disabled brother to have the house and the property it sits on, then she needs to fill out the TOD on the papers. If she has a Will, then she has an attorney, she can talk to him and find out what she needs to do to get this done. And filling it out will stop any family member from touching the house and property. She can also do that with any vehicle she owns if she wants to go to a certain person, there's a TOD on the back of the title of most newer cars, or she can go to the DMV and have them fill it out.
Just because there's a Will, doesn't mean it has to be stuck to. It can and will be fought in Probate Court if the brother in laws want to push it.
And just to let you know, once your mom dies, the power of attorney dies with her, they become useless once she passes and not worth the paper they're written on.

Answer 2

Is your mom aware of these plans? The best thing she could do to protect your brother is to name someone else executor of the estate. Obviously her intention was to provide for him, so she must be concerned. You might be a logical choice, but that might create some bad blood in the family and would certainly lead to pressure on you. A neutral choice might be better, such as the family attorney, if there is one. Who helped her draw up the will? If anyone does contest the will, as an heir you would have to be notified, and you could take your brother's side. But as executor, your other brother has a lot of power. He could make it pretty uncomfortable for your disbled brother without formally contesting the will. You and your brother may need a lawyer of your own. Good luck.

Answer 3

Just make sure the will is created properly. If the house is left to your brother, it's his.

* The will must be typewritten or computer generated.
* The document must expressly state that it's her will.
* She must date and sign the will.
* The will must be signed by at least two, or in some states, three, witnesses. They must watch her sign the will, though they don't need to read it. The witnesses must be people who won't inherit anything under the will.

She doesn't have to have the will notarized. In many states, though, if she and her witnesses sign an affidavit (sworn statement) before a notary public, it can help simplify the court procedures required to prove the validity of the will after she dies.

But of course, as with all complex situations involving money, consult an attorney.

Answer 4

He is mentally ill and needs the structure on inpatient residential living for people of similar disabilities. This can be done while he is still young enough to benefit and learn to order his life or he can go when mom dies. - otherwise he will end up homeless and in and out of prison until he dies. You would do well to seek out a social worker familiar with mental health services - such long term care facilities often have multi-year waiting lists As far as living away from om HE WILL HAVE TO. He need the reward/privilage motivation structure and routine expectations used in such facilities

Answer 5

If you're mom thinks your brother deserves the house, what your brothers and brothers-in-law think doesn't really matter.

Your mom calls the shots when it comes to her estate.

Sounds like you have a few greedy people in the family. Kinda like vultures circling the body even before she dies. Momma must be proud.

Answer 6

I would suggest your mother needs to really specify clearly in her will that it is his and also to specify clearly in her will that it is her wish that it is his and not anyone elses and to say why.

Other siblings and relatives can contest a will through probate. It is harder to contest though if the will says something like it is my wish my son john ( just making up names here ) is to get my house, and as to my son bob and son in law joe (and whoever else again im just making up names ) is not to receive the house nor proceeds from sale of the house should it be sold.
The example is very much a simplification of the language but I think you get the idea.

Its not rare for relatives to try and greedily get what isnt theirs.
Some just circle like vultures waiting for the relative to pass on so they can get their hands on anything they can.

good luck to you and your brother.

Answer 7

He can contest the will, but why on earth was this man named executor to begin with? It is normally a blood relative, if their are any.

Answer 8

You need to get assurance from your "good brother" but your best bet is to talk to your Mother.

She is the one that passes on powers of attourney.